galloo island wind letter from secretary burgess to administrator hagemann regarding article 10...

8/20/2019 Galloo Island Wind Letter from Secretary Burgess to Administrator Hagemann regarding Article 10 requirements

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NEWYORK

Board on Electr ic

Generation Siting

a nd t he nv i ronmen t

Three Empire

State

Plaza, Albany, NY 12223-1350

www.dps.ny.gov/SitingBoard

Honorable Robert Hagemann

Jefferson County Administrator

Jefferson County

195

Arsenal

St, 2nd

Floor

Watertown,

NY

13601

October

16,2015

Audrey

Zibelman

Chai r

Howard Zemsky

Marc

er s tman

Richard L au f fman

Howard

A

Zucker

M D

J D

Member s

Kimberly A Harriman

Gener al oun se

Kathleen

Burgess

Secretary

RE: Case 15-F-0327 - Application of Hudson North Country Wind 1, LLC for a

Certificate of Environmental Compatibility and Public Need Pursuant to

Art icle 10 to Construct a 103 MW Wind Energy Project.

Dear Administrator Hagemann:

Article 10 of the Public Service Law empowers the New York State Board on

Electric Generation Siting and the Environment Siting Board to issue Certificates of

Environmental Compatibility and Public Need authorizing the construction and operation

of

major electric generating facilities.

The Siting Board has opened Case 15-F-0327 to track a possible future

application by Hudson North Country Wind 1, LLC for a certificate to construct and operate a

103 megawatt facility in the Town of Hounsfield, in Jefferson County, New York. If the

application is submitted, two ad hoc public members will be appointed to the Siting Board for

the purpose of providing a local voice in the review of the project and decision on the

application.

Article 10 requires you, as the Jefferson County Administrator officer of Jefferson

County, to nominate four candidates to serve as the ad hoc public members. A similar letter has

been addressed

to

the chief executive

office in the

Town

of

Hounsfield,

the

other

host

municipality within the proposed project area. Nominations are to be made after an applicant has

filed a Preliminary

Scoping Statement PSS with

the Siting Board.

If the project

proceeds, you

will receive notice from Hudson North Country Wind 1, LLC of that filing. Public Service Law

§161 2 requires you to submit your nominations to the President Pro Tern of the Senate and the

Speaker of the Assembly within fifteen days of your receipt of that notification.


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Jefferson County Administrator Hagemann Case 15-F-0327

While no action is required of you at this time you may wish to familiarize

yourself with the nomination process and begin considering candidates so that you will be

prepared to act within the fifteen day time period if and when Hudson North Country Wind 1

LLC files a PSS. Based on the Article 10 regulations an applicant must wait a minimum of 150

days after filing its Public Involvement Plan before it may submit a PSS. In this case the earliest

date Hudson North Country Wind 1 LLC may file a PSS is January 11 2016.

Attached to this letter is a fact sheet about the Siting Board and the ad hoc public

members that may be useful to you. You may also obtain more information about the Siting

Board and Case 15-F-0327

t

http://www.dps.nv.gov/SitingBoard/.

Please contact me if I can be of any further assistance.

Sincerely

Kathleen H. Burgess1

Secretary


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JeffersonCounty Administrator Hagemann

ase 15 F 327 Galloo

Wind

Project

ominat ion

owers

Case 15 F 0327

ontact

nformat ion

Honorable Tim

Scee

Town Supervisor

Town Hounsfield

18774 County Rte 66

Watertown

NY 136 1

Robert Hagemann

Jefferson County Administrator

Jefferson County

195 Arsenal St 2nd Floor

Watertown

NY 136 1

umbe r o f ominat ions


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Jefferson County Administrator Hagemann Case 15 F 0327

SITING BOARD

FACT

SHEET

Q Wha t

is

Article ?

A. Article 10

was

enacted

in 2011 to

be

a portion of

the

New York

State

Public

Service Law. It is a general state law that is applicable in all of New York State. Article

10 empowers the NewYorkState Board on ElectricGeneration Siting and the

Environment Siting Board) to issue Certificates of Environmental Compatibility and

Public Need Certificate) authorizing the construction and operation of major electric

generating

facilities.

Q What is the

Siting

Board ?

A. The Siting Board is a governmental entity of NewYorkState organized within the

Department of Public Service. The SitingBoard was established primarily to review

applications and to issue certificates authorizing the construction and operation ofmajor

electric generating facilities. When the Siting Board is reviewing an original application

for a certificate, itconsists of five permanent members and two ad hoc public members.

The five permanent members of the Siting Board also have additional responsibilities to

promulgate regulations for the implementationofArticle 10, and they have jurisdiction

with

respect

to the

amendment suspension

or revocation of a certificate.

Q

Who

are the

permanent

members of

the

Siting Board?

A. The five permanent members of the Siting Board are the Chair of the Department

of Public Service who

serves

as chair of the Siting Board; the Commissioner of the

Department of Environmental Conservation; the Commissioner of the Department of

Health; the Chair ofthe NewYork State EnergyResearch and DevelopmentAuthority

and the Commissioner of Economic Development. The permanent members may

designate an alternate to serve instead of the member with respect to all proceedings

provided that such designation is inwriting and filed with the chairperson.

Q What

is

meant by the

term ad hoc ?

A. Ad hoc is a

Latin

term meaning forthis special purpose. Two ad hoc

members will be appointed for the special purpose of providing a local voice in each

proceeding conducted to

consider

specific individual applications for certificates. Each

facility application will

have

its own unique

ad hoc members and therefore

its own

unique Siting Board


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Q Do ad hoc public members receive

any

compensation for

their service

on

the Siting oard

A. Yes.

The ad

hoc appointees shall receive the

sum

of two hundred dollars for

each

day

inwhich

they

are

actually

engaged

in

the

performance of their duties plus

actual

and

necessary expenses incurred by them in

the

performance of such duties.

Q What are

the

qualifications to be an ad hoc public member

A. To

be

eligible to be an ad hoc public member, the person must:

a

be eighteen

years of

age

or older,

b

be

a cit izen of the United

States;

c

be

a

resident of New

York

State;

d be a resident of the municipality in which the facility is proposed to be located

ifsuch facility is proposed to be located within the City of New York, the person must

also be a resident of the community district inwhich the facility is proposed to

be

located ;

e no t hold

another

state or local office; and

f

not retain or hold any official relation to, or any securities of an electric

utility

corporation operating in the state or proposed for operation in the state, any affiliate

thereof or any other company,

firm,

partnership, corporation, association or joint-stock

association that may appear before the Siting Board, nor shall the person have

been

a

director, officer or, within the previous ten years, an employee thereof.

Q How are

the two

ad

hoc

public

members

designated

to

serve on the

Siting

oard

A. One is appointed by the President Pro Tern of the New York State Senate

and

one is appointed by

the

Speaker of the New York State Assembly from a list of

candidates

submitted

t o them. The list

of

candidates is to

be submitted

within fifteen

days of receipt of notification of the pre-application preliminaryscoping statement. In

the event that the President Pro Tern of the Senate or the Speaker of the Assembly

does

not appoint

one

of the candidates within thirtydays of receiving the list, the

Governor shall appoint the ad hoc member s from the list of candidates. In the event

that one or both of the ad hoc public members have not been appointed

within

forty-five

days, a majority of persons

named

to

the

Siting Board shall constitute a quorum.


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Q How

is

the list

of ad hoc public

member

candidates established

A. There is a different procedure depending on whether the facility is proposed to be

located a in the Cityof NewYork; b ina town outside of any villages or ina cityother

than

the

City of New York; or c in a village.

Q How is the list

of

candidates established in the City of New York

A

such facility is proposed to be located in the Cityof NewYork the chair person

of the community board, the borough president, and the mayor shall each nominate four

ndid tes for

considerat ion

Q How is

the

list

of

candidates established in a

town outside

of

any

villages

or in a city other than the ity

of New

York

A. Ifsuch facility is proposed to be located in a town outside of any villages or in a

cityother than the Cityof New

York

the chief executive officer representing the

municipality shall nominate four candidates and the chief executive officerrepresenting

the

county shall

nominate

four

candidates

for consideration.

Q How is the list of

candidates

established in a village?

A. Ifsuch facility is proposed to be located in a village, the chief executive officer

representing the town shall nominate four candidates th e chief executive officer

representing the

county shall

nominate

four candidates

and the chief executive

officer

representing

the village

shall nominate

four

candidates

for

consideration

Q What resources are available to

assist

the Siting Board?

A. The chairperson shall provide such personnel, hearing examiners, subordinates

and employees and such legal, technological, scientific, engineering and other services

and such meeting rooms, hearing rooms and other facilities as may be required in

proceedings

under

this article.

The

Department

of Environmental Conservation shall

provide associate hearing examiners. The Secretary and the General Counsel to the

Public Service Commission serve as Secretary and the General Counsel to the Siting

Board

galloo island wind letter from secretary burgess to administrator hagemann regarding article 10...

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